DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
2. Applicant’s arguments with respect to claim(s) 1-14 have been considered but are moot in view of a new ground(s) of rejection. The amendments to the claims necessitated the new ground(s) of rejection discussed below.
With respect to the last office action, Applicant amends claims, discusses the claims limitations, the prior arts of record (PARs or ELENBAAS et al (2005/0028194) in view of TAKIGUCHI et al (2013/0010209)), and further argues that the PARs do not teach the amended claims limitations (see Applicant’s Remarks)
In response, Examiner notes Applicant’s amendments/arguments, however the amended claims do not overcome the PARs for these reasons: the primary PAR (PPAR or ELENBAAS), discloses that
a controller performs, when a change in the genre information from a first genre to a second genre is detected, control such that image quality information to applied to the video data (background) is changed from first image quality information (specific background information of the topic, genre, etc. within the library database), corresponding to the first genre, to second image quality information, corresponding to the second genre, after the change in the genre information is detected and after the scene change is detected (see [0007-0009], [0017-0025], [0028-0035] and [0038-0046]), VRS further includes genre, scene, etc. detects; auto scans receives broadcast video and EPG data including on-line guide, audio, video, text and other information segments, to detect various types of scene changes: movement of objects within frame or sets of frames to segment genres, manually, automatically using classifier; ranking, weighting, rating, etc., including using AI and other knowledge based systems to adjust various factors; sets background information of topics, genre, etc. to generate personalized video data based on the background information of the topic, genre, etc. within the library database; wherein the image quality information includes at least one image quality parameter of brightness, saturation, hue, contrast, sharpness, and noise reduction; associated with the broadcast streams, wherein the scene detector detects the scene change based on a change in a brightness histogram of individual scenes in the video data; wherein the scene detector detects the scene change based on a change in audio data corresponding to the video data; wherein the controller starts control for setting image quality of the video data when the scene change is not detected after a predetermined period of time has elapsed since a change in the genre information is detected (see [0017-0025], [0028-0035] and [0038-0046]), Classification system provides sets of characteristics to automatic, semiautomatic, etc. segmenting of the video information within a specific time, using other EPG information and based on the background information or image recognition techniques and other features of the video; performs rankings, weightings, ratings, etc.; uses predetermined set(s) of text segments, audio segments, key frames and other features within the video stream to detect scene changes: movement, semantics, etc. ranking, weighting, etc. by time (duration) including adjusting other factors; filtering frame features based on frequency or duration of the various predetermined factors;
ELENBAAS using various predetermined factors including background information (image quality information) to generate genres, including using various types of scene changes that includes quality features of the frames or images (semantic changes of features or objects) and when the change of the genre is detected control the image feature of the video data is set based on the image features information that corresponds to the changed genre information during the scene change ([0028-0035] and [0038-0046]), BUT appears silent as to control image quality (specific background information) of the video data is set based on image quality information corresponding to the changed genre information after the change is detected and after the scene change is detected, detects the scene change based on a change in a brightness histogram of individual scenes in the video data and where
wherein the image quality information includes at least one image quality parameter of brightness, saturation, hue, contrast, sharpness, and noise reduction; However, in the same field of endeavor, TAKIGUCHI discloses a display apparatus, control apparatus, TV receiver and method of controlling display apparatus and further discloses using other image features, such as image qualities: a brightness histogram of individual scenes, etc., of the video data to set for scene change and based on image quality information corresponding to the changed genre information, generating genres and wherein the image quality information includes at least one image quality parameter of brightness, saturation, hue, contrast, sharpness, and noise reduction (see Abstract, figs.1-20, [0064-0084], [0101-0112], [0125-0134], [0172-0184] and [0214-0224]), automatically switches to an image quality based on genre or priority settings associated with the genre, as discussed below. Hence the amendments do not overcome the PARs. The amendments to the claims necessitated the new ground(s) of rejection. This office action is made FINAL
Claim Rejections - 35 USC § 103
3. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
4. Claim(s) 1-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over ELENBAAS et al (2005/0028194) in view of TAKIGUCHI et al (2013/0010209).
As to claim 1-4, ELENBAAS discloses personalized news retrieval system and further discloses a display device comprising:
A receiver (figs.1+ Video Retrieval System “VRS” [0007-0008] and [0017-0019]) that receives at least video data, EPG and genre information (Abstract, [0007-0009] and [0017-0025]), VRS receives broadcast segments; audio, video, text, EPG data including on-line guide
an acquirer that acquires image quality information corresponding to the genre information;
A genre detector that detects a change in the genre information; a scene detector that detects a scene change of the video data; and a controller that performs, when a change in the genre information from a first genre to a second genre is detected, control such that image quality information to applied to the video data (background) is changed from first image quality information (specific background information of the topic, genre, etc. within the library database), corresponding to the first genre, to second image quality information, corresponding to the second genre, after the change in the genre information is detected and after the scene change is detected ([0007-0009], [0017-0025], [0028-0035] and [0038-0046]), VRS further includes genre, scene, etc. detects; auto scans receives broadcast video and EPG data including on-line guide, audio, video, text and other information segments, to detect various types of scene changes: movement of objects within frame or sets of frames to segment genres, manually, automatically using classifier; ranking, weighting, rating, etc., including using AI and other knowledge based systems to adjust various factors; sets background information of topics, genre, etc. to generate personalized video data based on the background information of the topic, genre, etc. within the library database; wherein the image quality information includes at least one image quality parameter of brightness, saturation, hue, contrast, sharpness, and noise reduction;
associated with the broadcast streams, wherein the scene detector detects the scene change based on a change in a brightness histogram of individual scenes in the video data; wherein the scene detector detects the scene change based on a change in audio data corresponding to the video data; wherein the controller starts control changing the image quality information to be applied to the video data from the first image to the second image quality information when the scene change is not detected after a predetermined period of time has elapsed since the change in the genre information is detected ([0017-0025], [0028-0035] and [0038-0046]), Classification system provides sets of characteristics to automatic, semiautomatic, etc. segmenting of the video information within a specific time, using other EPG information and based on the background information or image recognition techniques and other features of the video; performs rankings, weightings, ratings, etc.; uses predetermined set(s) of text segments, audio segments, key frames and other features within the video stream to detect scene changes: movement, semantics, etc. ranking, weighting, etc. by time (duration) including adjusting other factors; filtering frame features based on frequency or duration of the various predetermined factors
ELENBAAS using various predetermined factors including background information (image quality information) to generate genres, including using various types of scene changes that includes quality features of the frames or images (semantic changes of features or objects) and when the change of the genre is detected control the image feature of the video data is set based on the image features information that corresponds to the changed genre information during the scene change ([0028-0035] and [0038-0046]), BUT appears silent as to control image quality (specific background information) of the video data is set based on image quality information corresponding to the changed genre information after the change is detected and after the scene change is detected, detects the scene change based on a change in a brightness histogram of individual scenes in the video data and where
wherein the image quality information includes at least one image quality parameter of brightness, saturation, hue, contrast, sharpness, and noise reduction
However, in the same field of endeavor, TAKIGUCHI discloses a display apparatus, control apparatus, TV receiver and method of controlling display apparatus and further discloses using other image features, such as image qualities: a brightness histogram of individual scenes, etc., of the video data to set for scene change and based on image quality information corresponding to the changed genre information, generating genres and wherein the image quality information includes at least one image quality parameter of brightness, saturation, hue, contrast, sharpness, and noise reduction (Abstract, figs.1-20, [0064-0084], [0101-0112], [0125-0134], [0172-0184] and [0214-0224]), automatically switches to an image quality based on genre or priority settings associated with the genre
Hence it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to incorporate the teaching of TAKIGUCHI into the system of ELENBAAS to use other features of the image of the video data, such as specific quality or qualities to set to detect scene changes and generate genres.
As to claims 5-8, ELENBAAS further discloses where the controller performs a change, in stages, on image quality information corresponding to a video feature value of a scene of the video data at a time point when the scene change is detected, to image quality information corresponding to the changed genre information; on the image quality information to be applied to the video data from the first image quality information to the second image quality; wherein the controller starts the process of performing a change in stages when the scene change is not detected after a predetermined period of time has elapsed since a change in the genre information is detected; wherein the controller sets a processing speed of the process of performing a change in stages when the scene change is not detected after the predetermined period of time has elapsed since a change in the genre information is detected to be slower than a processing speed of the process of performing a change in stages when a change in the genre information is detected and wherein the controller performs control such that the process of performing a change in stages performed when the scene change is not detected after the predetermined period of time has elapsed since a change in the genre information is detected and that the process of performing a change in stages is not performed when the scene change is detected before the predetermined period of time has elapsed since a change in the genre information is changed( [0017-0025], [0028-0035] and [0038-0046]), Classification system provides sets of characteristics to automatic, semiautomatic, etc. segmenting of the video information within a specific time, using other EPG information and based on the background information or image recognition techniques and other features of the video; performs rankings, weightings, ratings, etc. including accounting for other negative factors to generate segments
As to claims 9-10, ELENBAAS further discloses wherein the controller performs control such that to determine whether image quality information to be applied to the video data is changed based on programming guide data acquired by the display device and when the programming guide data indicates that a time point at which the scene change is detected after the genre information is changed comes before program switching the image quality information to be applied to the video data is changed at a time point of the program switching [0017-0025], [0028-0035] and [0038-0046]), Classification system provides sets of characteristics to automatic, semiautomatic, etc. segmenting of the video information within a specific time, using other EPG information and based on the background information or image recognition techniques and other features of the video; performs rankings, weightings, ratings, etc. including accounting for other negative factors to generate segments.
As to claims 11-12, ELENBAAS further discloses a reproducer that reads and reproduces recording data of a program including the received video data and the received genre information, from a recording device that records the recording data, wherein when a change in genre information, from the first genre to the second genre, of the recording data being reproduced is detected, the controller performs control such that the image quality information to be applied to the video data is changed from the first image quality information to the second image quality information after the change in the genre information is detected and after the scene change is detected and a reproducer that reads, from a recording device that records recording data of a program including the video data and the genre information, the video data being out of the recording data through a first transmission path, reads the genre information in the recording data through a second transmission path that is different from the first transmission path, and reproduces the recording data, wherein when a change in genre information from the first genre to the second genre of the recording data being reproduced is detected, the controller performs control such that hat the image quality information to be applied to the video data is changed from the first image quality information to the second image quality after the change in the genre information is detected and after the scene change is detected [0017-0025], [0028-0035] and [0038-0046]), Classification system provides sets of characteristics to automatic, semiautomatic, etc. segmenting of the video information within a specific time, using other EPG information and based on the background information or image recognition techniques and other features of the video; performs rankings, weightings, ratings, etc. including accounting for other negative factors to generate segments.
As to claims 13-14, the claimed “A display control method that causes a computer…” is composed of the same structural elements that were discussed with respect to claims 1-4.
Conclusion
5. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNAN Q SHANG whose telephone number is (571)272-7355. The examiner can normally be reached Monday-Friday 7-4.
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/ANNAN Q SHANG/Primary Examiner, Art Unit 2424
ANNAN Q. SHANG